OPINION
HASTIE, Circuit Judge.
The appellant in this habeas corpus proceeding is a state prisoner who is serving a life sentence pursuant to a 1953 conviction as accessory before the fact to the murder of his wife in their home in Butler County, Pennsylvania. He did not appeal from the conviction. However, ten years later he sought habeas corpus in the state courts, Commonwealth ex rel. Storch v. Maroney, 1964,
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